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HomeMy WebLinkAboutSan Luis Coastal Unified School District - Release of PEG Funds - 1st Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO AND SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR RELEASE OF PEG ACCESS FUNDS (E-PORTION) THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on Mai 20,1014, by and between the CITY OF SAN LUIS OBISPO,a municipal corporation,herein after referred to as City,and San Luis Coastal Unified School District,hereinafter referred to as"SLCUSD". WITNESSETH: WHEREAS, on August 4, 2009, the City entered into an Agreement with SLCUSD for the release of PEG access funds(E-Portion); NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained,the parties hereto agree as follows: 1. Section 13 (Funding and Other Resources)is hereby amended to read as follows: The City agrees to release to SLCUSD one-half of all PEG access funds that it receives from Charter Communications for PEG access equipment and facilities purposes within 60 days after the funds are received. Upon termination of this Agreement, the E-portion of PEG access funds received by the City that have not been expended or committed via written contract by SLCUSD shall be returned to the City within 60 days. 2. Section 14 (Term of Agreement) is hereby retroactively extended for a period of three (3) years commencing on August 4, 2012, and ending on August 4, 2015, unless terminated earlier, as provided in this Agreement. This agreement may be extended, by mutual agreement of the City and SLCUSD, in writing for one additional period of three(3)years in accordance with this Agreement. 3. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above. ATT .T: CITY OF SAN LUIS OBISPO: ailltvg Mit_ By: ,City Clerk , �+ JAN H EM LL MARX,Mayor APP'O AS T• F CONTRACTOR: By: � L orney ERIC PRATER, Ed.D.,Superintendent San Luis Obispo -Regular Meeting Agenda of May 20. 2014 Page 4 C4. APPROVAL OF SETTLEMENT AGREEMENT WITH CBS OUTDOOR AND AMENDED AND RESTATED LEASE FOR BILLBOARD AT CALLE JOAQUIN OPEN SPACE AND DETERMINE THAT THE SETTLEMENT AGREEMENT IS EXEMPT PURSUANT TO SECTIONS 15301 ET SEO., 15321, AND 15061 (B) (3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT- RESOLUTION MOTION BY MAYOR MARX. SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4-I (COUNCIL MEMBER ASHBAUGH VOTING NO), to adopt Resolution No 10521 (2014 Series) entitled 'A Resolution of the City Council of the City of San Luis Obispo, California, approving a settlement agreement and amended and restated lease for APN 053-152-007 with CBS Outdoor ("CBS")."for the billboard located on the Calle Joaquin Open Space C5. 2014 SEWER SYSTEM MANAGEMENT PLAN UPDATE -RESOLUTION MOTION BY COUNCIL MEMBER ASHBAUGH. SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0. to adopt Resolution No 10522 (2014 Series) entitled `A Resolution of the City Council of the City of San Luis Obispo. California. adopting the Sewer System Management Plan Update." and authorize the City's representative to recertify the plan with the State Water Resources Control Board. C6. UPDATE TO THE PUBLIC, EDUCATIONAL AM) GOVERNMENTAL (PEG) ALLOCATION MODEL AND CONTRACT AMENDMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR RELEASE OF PEG FUNDS (E- PORTION) MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to I Modify the allocation model for Public. Educational and Governmental (PEG)Access funds to eliminate funding for public access and allocate 50% of PEG funds for educational and governmental access 2 Approve, and authorize the Mayor to execute, the First Amendment to the Agreement between the City of San Luis Obispo and San Luis Unified School District for Release of PEG Access Funds (E-Portion), retroactively to August 44012 through August 4. 2015. C7. AIRPORT AREA FEE REVENUE APPROPRIATION: DESIGN SERVICES MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to appropriate $40.000 in Airport Area Impact fee revenues to fund consultant design services for Tank Farm widening near Santa Fe. ort P .0 e Meeting Date 05/20/2014 nef `« Council Agenda Report Item Number ors FROM Anthony Melia, City Clerk SUBJECT: UPDATE TO THE PUBLIC. EDUCATIONAL AND GOVERNMENTAL (PEG) ALLOCATION MODEL AND CONTRACT AMENDMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR RELEASE OF PEG FUNDS (E-PORTION) RECOMMENDATIONS 1 Modify the allocation model for Public. Educational and Governmental (PEG) Access funds to eliminate funding for public access and allocate 50% of PEG funds for educational and governmental access 2 Approve, and authonze the Mayor to execute, the First Amendment to the Agreement between the City of San Luis Obispo and San Luis Unified School District for Release of PEG Access Funds (E-Portion). retroactively to August 4. 2012 through August 4. 2015 DISCUSSION PEG Allocation Model PEG funds are collected pursuant to the City's Municipal Code, and the permissible uses of these funds are dictated by State and Federal law PEG funds, which are currently collected from Charter Communications through a surcharge on City residents' cable television bills, may only be used for costs associated with the purchase and maintenance of equipment and facilities used in the production of PEG programming State and Federal law contains no directives regarding the share of funding allocated to the public, educational or governmental channels At the May 17, 2011 Council Meeting. Council terminated the City's contract with San Luis Obispo County Public Access (SLOCPA) for use of Public Access funds due to misappropnanon of public funds by its former Chairperson Council also directed staff to return with an updated allocation model for PEG funds The proposed model would eliminate allocations to public access and would evenly split PEG funds between educational and governmental access San Luis Coastal Unified School District Contract Amendment The agreement for release of PEG Access Funds (E-Portion) between the City of San Luis Obispo and San Luis Coastal Unified School District expired on August 4, 2012 The agreement contained provisions to extend the agreement for two additional penods of three (3) years The proposed First Amendment to the Agreement would retroactively extend the contract through August 4, 2015 In addition, Section 13 (Funding and Other Resources) would be amended to indicate that the City agrees to release one-half of all PEG access funds to SLCUSD PEG Allocation Model and SLCUSD Contract Amendment Page 2 Public Access Television With the advent of consumer-level resources for video production, even producers with minimal resources are able to produce quality programming for Channel 2. Prior to 2011. very few producers that aired shows on Channel 2 regularly used the City's equipment managed by SLOCPA During the time that the City has stored this equipment. Channel 2 has continued to show new content that is produced independently and provided directly to Charter Communications for scheduling and arnng FISCAL IMPACT There are no fiscal impacts to the General Fund associated with these recommendations The Public Access cash balance of $319.473 will be evenly divided between the educational and governmental access channels and future deposits will be distributed on a 50/50 basis ATTACHMENTS I SLCUSD Contract Amendment 1 tVana,e9enaa repau12o1M2o1adSMyep alnraom mom Onoia)bea aloraLm model-at me